Crave 3 re Drive My Car & Crave 1 re Dune & Survive

11. Should the classification icon have been repeated at the top of the second hour of the film as per the Icon Use Protocol requirement of Article 4.0 of the CAB Violence Code?

12. Was PG the appropriate rating for this broadcast and compliant with Article 4.0 of the CAB Violence Code?

CBSC Precedents relating to Sexual Content

The CBSC has determined that mild sexual references, suggestive scenes, or innuendo are acceptable at any time of day. Scenes involving sexual activity require a post-9:00 pm broadcast where the CBSC has determined that the scenes include explicit sexual activity. For a scene to be sexually explicit, it needs to obviously depict a sexual act in a demonstrative and prolonged manner. Moreover, in determining whether a scene should be considered “explicit”, the presence of nudity is not determinative.

What is more, “nudity” and “sexual content” are not considered equivalent since a program can contain one without the other. Even where certain scenes are acceptable for broadcast before 9:00 pm because they are not intended exclusively for adults aged 18 and over, they might still require mention in a viewer advisory if they are unsuitable for children aged 12 and under. Finally, where the violence, sexuality or coarse language are found acceptable for a broadcast before 9:00 pm, the broadcaster must also consider whether the inclusion of any such content warrants mention in the viewer advisory.

Examples of mild sexual references, suggestive scenes or innuendo include those examined in TQS re an episode of Loft Story (CBSC Decision 03/04-0200 & -0242, April 22, 2004), where the Panel examined an episode of the reality series Loft Story, which aired at 7:00 pm. In the concluding moments of the episode, somewhat obscurely, on a split screen, the lofters were seen in a hot tub, kissing, changing partners, and the women removing their bikini tops (although no nudity was actually shown). The Panel found that the scene was not sufficiently explicit as to require either a post-Watershed time slot or viewer advisories. It explained its position in the following terms:

While there is clearly kissing and hugging going on in the hot tub amongst the lofters, there is no nudity shown nor is there anything else shown that would lead viewers to conclude that the intimate activity goes any further than the kissing. All in all, the Panel considers that the scene is sufficiently innocuous to be acceptable at the time it was shown without the requirement of additional safeguards such as viewer advisories. The Panel understands that some viewers may not consider it appropriate for these young adults to be doing what they were doing but this level of morality is not what the Panel needs to judge. Anyone who would have wanted to avoid such programming would have been alerted by the 13+ classification.

In Global re ReGenesis (“Baby Bomb”) (CBSC Decision 04/05-1996, January 20, 2006), the Panel dealt with an episode of a dramatic program that focussed on the activities of a fictional organization established to investigate questionable advances in biotechnology. The episode aired at 8:00 pm. A viewer complained about a scene in which the teenage daughter of the main character walks in on her father and his girlfriend having sex. The scene lasted 16 seconds and showed the back of a nude woman straddling a man. The camera then switched to show the woman from the front, covering her breasts as the man pushed her off him. The Panel Adjudicators were evenly divided on whether this scene was sufficiently explicit to necessitate a post-Watershed time slot. The Panel noted that nudity alone is not generally problematic when broadcast before the Watershed. It also elaborated on the CBSC’s position on programming that contains scenes of sexual activity in relation to this particular program:

CBSC Panels have established a line of precedents on this issue which are quite clear and, therefore, relatively easy to follow, although not scientific or mathematical in their application. They begin with the principle that there is no inherent difficulty with the depiction of healthy sexual activity on television. When, therefore, is there a potential problem? The answer to that is dependent on two matters: first, timing; and, second, the nature of the activity depicted.

First, then, the timing issue, the mathematical element. Before the Watershed (9:00 pm – 6:00 am), the CBSC considers that it is inappropriate to show sexual activity that is intended for adult eyes and minds. There is, in the pre-Watershed period, a run of 15 hours (a strong majority of the broadcast day and about 90% of our customary waking hours), during which broadcasters offer their audiences a safe haven, namely, a period in which their television viewing can be free of adult-oriented material, whether sexual or otherwise. There may still, in that time frame, be programming that some parents will not wish their families to see (all adults should make the effort to weigh the appropriateness of all kinds of programming for themselves and their children) but it will not be due to its exclusively adult orientation. And even in the pre-Watershed period, broadcasters advise their audiences of the nature of what is to come.

That programming which includes sexual content that is more adult in its orientation is, on that account, properly run in the post-Watershed broadcast framework. Inappropriate by its nature for the safe haven, it must be shown in a time slot that Canadians know, going in, is likely to include mature themes, whether visual or psychological.

What, then, is the nature of sexual content that is adult-oriented? The issues are explicitness and intensity.

Examples of sexual content requiring a post-9:00 pm timeslot include Bravo! re the movie Perfect Timing (CBSC Decision 03/04-1719, December 15, 2004). In that case, the Panel dealt with the broadcast of a sex comedy that featured many scenes of frontal nudity of both men and women in a sexual context. The movie aired at 2:00 pm. On the basis of both the presence of the f-word and the sexual content, the Panel concluded that the film was intended for adult audiences and should only have aired after 9:00 pm. With respect to the sexual content, the Panel stated:

In the matter at hand, the Panel considers that the frequent level of sexual activity, combined with yet more frequent nudity, make it clear that the film was exclusively intended for adult audiences. The fact that the film could be characterized as a romp, rather than a serious erotic film changes nothing in this regard. The material is inappropriate for viewing at a time of day when the younger members of families can be expected to be watching television and when the more adult members of families can expect that this can be done without the need to ensure that there will not be exclusively adult fare on the airwaves.

In HIFI re 10 000 BC, The Mechanic & Trailer Park Boys (CBSC Decision 16/17-0474, August 9, 2017), the CBSC dealt with a number of different broadcasts. The Mechanic was an action movie about a professional hit man. In addition to numerous scenes of extreme violence, the movie contained scenes of sexual activity, such as the main character having sex with a prostitute (where her breasts were blurred, but her naked buttocks visible), a secondary male character having sex with a woman against a wall in an alley, and a girl-on-girl pornographic video visible on a laptop. HIFI said they had used an edited version for the 3:00 pm broadcast. The Panel concluded that the presence of the sexual content necessitated a post-9:00 pm time slot. Trailer Park Boys was a mockumentary comedy that followed the lives of Sunnyvale trailer park residents who make their livings selling drugs and committing petty crimes. The series centres on themes of illicit drugs, severe alcoholism, gunplay and violence, and criminal activity, albeit in a humorous manner. In the three episodes examined by the Panel, there were scenes of a couple being interrupted during cunnilingus and references to “banging” and prison sex. The episodes were aired at 2:00 pm and 8:00 pm. The Panel concluded that “Given the unedited language, mature themes, violence and sexual content, [...] even with the f-word muted, the episodes contained content intended exclusively for adults and therefore should only have been broadcast after 9:00 pm under Article 3.1.1 of the Violence Code and Clause 10(a) of the CAB Code of Ethics.”

The CBSC addressed the issue of nudity and sexual activity in Showcase Television re the movie Rats (CBSC Decision 99/00-0772, August 23, 2001) which concerned a movie broadcast at 7:00 pm. The movie was based on an adult theme, which focussed on the disturbed and disintegrating mental state of the protagonist. Although the movie did not contain any nudity, it did contain two scenes involving sexual activity. The first showed the distracted protagonist lying in bed with his girlfriend on top of him. The second showed the protagonist sitting in a chair with a woman astride him in the throes of ecstasy. The Panel had no difficulty in determining that these scenes were intended for adult audiences:

[I]t is sexual activity and not nudity that drives the “adult” characterization. It is entirely clear that a scene may be sufficiently sexually explicit without nudity that it ought to be accessible to adults to the exclusion of younger family members. The Panel considers that the second love-making scene in Rats, which lasted for 1 minute and 25 seconds, falls into that category. It is not merely a romantic encounter or suggestive. It is erotic, actively demonstrative, extended, and climactic. It is inappropriate for airing at 7 pm.

CBSC Precedents relating to Coarse Language Intended for Adult Audiences

The CBSC has consistently stated that the f-word and its variations constitute language “intended for adult audiences” and therefore should not be broadcast before the Watershed hour of 9:00 pm. If a program contains the f-word, the broadcaster can either mute/bleep the word in order to air the program before 9:00 pm or air it unedited only after 9:00 pm.

The CBSC considers the broadcast of mild swear words such as “ass”, “hell”, “damn”, and “goddamn” to be acceptable at any time of day.

In WTN re the movie Wildcats (CBSC Decision 00/01-0964, January 16, 2002), the movie contained very coarse language, such as “fuck”, “motherfucker”, “pussy” and “shit” in its 4:00 pm time slot. The broadcaster muted out the words “fuck” and “motherfucker” in some instances but not in others. The Panel found that the unedited instances of the coarse language constituted “scenes intended for adult audiences”:

In such circumstances, WTN had two options: either edit all instances of these words or air the film post-Watershed in the originating time zone. On the basis of the broadcaster’s letter and the five instances in which such coarse words were muted, it appeared that the broadcaster had selected the first option. It is not clear, in the circumstances, why the broadcaster had muted out “fuck” and “motherfucker” in some instances but left them in on five other occasions. Whether a purposeful choice or an inadvertence, their inclusion in a film aired prior to the Watershed constitutes a breach of [the Scheduling provision].

The Panel also finds some discomfort with some of the other expletives in the film, such as “pussy”, “shit” and the phrase “You can’t win a pissing contest against a prick.” While the use of such expressions would present no difficulty post-Watershed, the Panel finds that such words are problematic in their unedited form at a time which was not merely pre-Watershed, but at an early enough hour that children could be expected to be watching television, as in this case of Wildcats which was broadcast from 4:00-6:00 pm on a Sunday afternoon.

In BBC Canada re The F-Word (CBSC Decision 08/09-1516, April 1, 2010), the Panel dealt with one of the series of reality/information cooking programs featuring celebrity chef Gordon Ramsay. Ramsay is well-known for being aggressive and demanding in the kitchen and for his frequent use of profanity, including “fuck” and variations thereof. Each episode of this series consisted of different food-related segments, including team cooking challenges, celebrity recipes, how-to instructions, and information on different types of food. Ramsay used the word “fuck” or “fucking” on numerous occasions; some instances reflected his frustration with the cooking team, while other uses were of a more good-natured tone. Examples included “Fuck you”, “Fucking hell”, “Don’t fuck it up” and “So far, you’re fucking useless”. BBC Canada aired the program at 8:00 pm with viewer advisories alerting viewers to the coarse language and an 18+ classification icon. A viewer complained about the presence of the f-word in a prime time program. Based on its numerous precedents, the Panel concluded that the broadcast violated Clause 10:

Most matters that come before the CBSC are not susceptible of solution, as the Council frequently observes, on a mathematically predictable basis. That has not generally been the case with the use of the f-word and its derivatives. CBSC Panels have consistently determined that the f-word and variations thereof fall into the category of “coarse language intended exclusively for adult audiences” and so should only be broadcast following the beginning of the “Watershed” period, which runs from 9:00 pm to 6:00 am.

[...]

It should also be noted that putting a viewer advisory on a program does not get the broadcaster “off the hook” with respect to other Code requirements, like scheduling. Fundamentally, a broadcaster that wants to air a program containing any of the words in the f-word family has two choices; namely, run the program after the Watershed, or, if before the Watershed, only after muting, bleeping or otherwise editing out the offending language. It goes without saying that just because the name of the program is The F-Word, which is not itself offensive, does not entitle a broadcaster to avoid selecting one of the two foregoing options. If using “fuck” or one of its derivatives is essential to the character of the program, as would appear to be the case in the matter at hand, the sole choice is a post-9:00 pm broadcast.

An example where the coarse language did not necessitate a post-9:00 pm timeslot was Prime re the film Smokey and the Bandit (CBSC Decision 05/06-1575, January 8, 2007). A viewer complained about the coarse language in Prime’s broadcast of the 1977 comedy feature film starring Burt Reynolds and Sally Field. The film aired from 11:00 am to 1:00 pm Central Time (noon to 2:00 pm Eastern). The movie contained numerous instances of coarse language, including “son-of-a-bitch”, “damn”, “hell”, “shit”, “bullshit”, “ass” and “Jesus Christ”. There was also one scene in which a character mouthed the words “Fuck off”, but they were inaudible, drowned out purposefully by the sound effects employed at that instance for comedic effect. The Panel concluded that there was no breach for broadcasting the film before 9:00 pm with the required advisories:

The Panel recognizes that coarse language is not polite and that some members of society are understandably very offended by it. Regrettably for some, coarse or offensive language is permissible on the airwaves, albeit under some restrictions. While there is no list of offensive words, there have been CBSC decisions that have defined certain language as “intended exclusively for adult audiences”. Those words, hitherto the f-word and its derivatives, have been relegated to post-Watershed broadcast. All other words considered by the various Panels [...] have been viewed as acceptable for broadcast, albeit in bad taste, before 9:00 pm.

[...]

There was no use of the f-word except as cleverly muted (as described above). Since muting is one of the acceptable solutions to the problem of insertion of such language in an original cinematic film, there could be no breach on its form of usage in this instance. Overall, the Panel concludes that the particular coarse language used in Smokey and the Bandit is insufficient to characterize the film as exclusively adult fare. The Panel finds no breach in its broadcast prior to the Watershed.

Another example where the coarse language was not considered intended for adults only was HGTV re Timber Kings (CBSC Decision 14/15-0784, October 21, 2015). The CBSC examined a complaint about coarse language in a reality program that followed a British Columbia-based construction company which specialized in custom log buildings. It featured interviews with crew members and footage of the workers on job sites. An episode aired at 7:00 pm with a PG rating. The episode contained 15 instances of the word “shit”, all within expressions such as “oh, shit!” and “holy shit” as the workers conveyed their surprise or frustration at difficult aspects of the construction. There was also one instance of “This thing’s a bitch” when a worker described the difficulty in maneuvering a backhoe and one exclamation of “Jesus!” to express surprise. There were two instances where other coarse language was masked with a bleep. A viewer complained that the words “shit” and “bitch” appeared excessively in the program, particularly considering that the programming on HGTV is generally family friendly. She wrote that she would have no problem with such language if it aired later in the evening. The Panel concluded that HGTV did not breach Clause 10 of the CAB Code of Ethics because the language was sufficiently mild as to be acceptable at any time of day.

CBSC Precedents relating to Violence Intended for Adult Audiences

There is no mathematical formula to determine what violence is intended exclusively for adult audiences and therefore needs to be shown only after 9:00 pm. The CBSC takes into consideration frequency, gore, explicitness and tone in determining whether violence is intended for adults only. Mild violence, for its part, is acceptable at any time of day.

In CHMI-TV re the movie Double Team (CBSC Decision 99/00-0372, May 5, 2000), the Panel considered a complaint concerning, among other things, the airing of this Jean-Claude Van Damme movie at 8:00 pm. The movie was “replete with fighting, explosions and gunfire.” The Panel found that “the nature and extent of the violence included in the film are intended for adult audiences and thus does not belong in a pre-watershed period on television.”

A CBSC Panel examined two episodes of a crime drama series that followed the activities of a group of special investigators as they used forensic techniques to solve crimes in New York City in TQS re two episodes of Les experts: Manhattan (CSI: New York) (CBSC Decision 08/09-0880, August 11, 2009). Each episode began with an investigation of a dead body at the scene of the crime, including close-ups of the wounds. The bodies were then taken to the lab for autopsies where the viewer saw the bodies on the examination tables with incision marks. As the episodes (and the police investigations) progressed, more and more details of the murders were revealed in flashback. For example, a young woman was stabbed in the stomach with a sharp hook and then her body was dumped out of a window onto the top of a school bus. Another woman was pushed onto the hose of a liquid nitrogen tank, such that the hose pierced her chest and induced a heart attack from the intense cold temperature. The second episode involved a man being beaten and struck in the mouth with the muzzle of a rifle and a young woman dying of a gunshot as the rifle was flung off the top of a building. Both episodes aired at 8:00 pm. The Panel concluded that the violent scenes were intended exclusively for adult audiences and so should only have been broadcast after 9:00 pm. The Panel concluded that:

the level of gore and explicitness of the murders, including the plunging of a hook into the stomach of a woman, the dumping of her body out a window onto the roof of a school bus, the plunging of a liquid nitrogen hose into a woman’s chest, the beating of a man to death with a rifle butt, and the shooting of a woman with that rifle tossed off a building, qualified as exclusively adult. All of these scenes featured graphic, explicit, realistic and vivid detail. The Panel concludes that any pre-Watershed broadcast of these episodes of Les experts: Manhattan breaches the scheduling provision in Article 3 of the CAB Violence Code.

In HIFI re 10 000 BC, The Mechanic & Trailer Park Boys (CBSC Decision 16/17-0474, August 9, 2017), the CBSC dealt with a number of different broadcasts. The Mechanic was an action movie about a professional hit man. There were many scenes of extreme violence. For example, in one scene, the main character shoots his mentor point-blank with a gun. In another, he strangles a man with a strap and then hangs the body on a door and puts on a pornographic video to make the death look like auto-erotic asphyxiation. In another, two men engage in a protracted fighting sequence with much kicking, punching, throwing and stabbing. Both men end up very bloodied, and one ends up killing the other by hitting him repeatedly with a fireplace shovel. The majority of scenes throughout the film were of this nature. HIFI broadcast the film at 3:00 pm. Although HIFI provided an advisory warning of the violence, the Panel readily found a breach of Clause 3.1.1 for airing this film before the Watershed. Trailer Park Boys was a mockumentary comedy that centred on the lives of Sunnyvale trailer park residents who make their livings selling drugs and committing petty crimes. Albeit comedic, there were scenes of gunplay, a young man getting shot, as well as the characters presuming a man is dead after hitting him on the head, so they wrap him up in a carpet and strap him to the roof of a car and he eventually falls off. The episodes aired at 8:00 pm. Again, although HIFI alerted viewers to the violence via an advisory, the Panel concluded that there was sufficient violence, in conjunction with themes of drug use and alcoholism, that required a post-9:00 pm time slot.

In Space re Star Trek: Discovery (“Choose Your Pain”) (CBSC Decision 17/18-0391, April 18, 2018), the Panel dealt with an episode of a series in the science fiction franchise, set approximately a decade before the original Star Trek television series. It follows the crew of the USS Discovery spaceship during a war between the Federation and the Klingons. The episode contained numerous scenes of violence such as a Klingon ripping out the heart of a Federation pilot, severe beatings and torture of prisoners, and a lengthy scene of a fight between Klingons and Federation officers, involving punching, throwing and, eventually, a Klingon being shot in the face with a ray gun, causing her face to sizzle and smoke as she screams. The episode aired at 8:00 pm. The Panel concluded that the scenes were intended exclusively for adult audiences and therefore should only have been broadcast after 9:00 pm:

In the present circumstance, there were several scenes of violence throughout the episode that were of a graphic and explicit nature, such as multiple beatings with much punching and choking; characters having blood on their face as a result of violence; scenes of torture; death by the snapping of the neck; and, a scene where the heart of a character is ripped out.

Although the violence was relevant to the development of the plot, throughout the episode, there were many scenes that contained graphic and explicit violence which, in the Panel’s view, were “intended exclusively for adult audiences”. Accordingly, the broadcast of this episode of Star Trek: Discovery at 8:00 pm was contrary to the scheduling provision of the CAB Violence Code.

Examples of programs with violent content that did not require a post-9:00 pm timeslot include CFCF-TV re Matrix (CBSC Decision 93/94-0166, December 6, 1995). The Panel concluded that there was no violent scene in this action series which constituted “scenes intended for adult audiences”, so the broadcaster could air the program before 9:00 pm:

The decision in this case turned on the content of the single episode of Matrix which was seen by the Regional Council. In the view of the members, the episode in question was undoubtedly an action-oriented segment but it did not contain elements which could have been described as “scenes of violence intended for adult audiences”, much less gratuitous violence. There were elements of both action and suspense but the one scene which included any violence involved an individual being struck by a car. In the circumstances, the Council is of the view that the program does not meet the content requirement which would have resulted in the application of Article 3.1.1, thereby necessitating the airing of the program after 9:00 pm.

In CKCO-TV re Kazan (CBSC Decision 96/97-0226, February 20, 1998), the Panel set out some criteria to determine whether scenes of violence are “intended for adult audiences”. The decision concerned a Sunday matinée movie which told the story of a canine, part dog/part wolf, named Kazan whose personal challenge was to decide whether he belonged in the wilderness or in the company of humans. The movie included scenes depicting the strangulation of a man as well as the beating, shooting and near drowning of Kazan. The Panel found that none of these scenes of violence could be described as “intended for adult audiences”.

The Council does not consider that the scenes of violence contained in Kazan are of such a nature as to be intended for adult audiences only, although they contain more violent elements than do the scenes contained in Before It’s Too Late and in the episode of Matrix considered by the Council. While it is difficult to propose any cut-and-dried formula to apply in coming to any such conclusion, the Council does consider that the presence of the combined elements of fear, suspense, gore and explicitness may help characterize programming containing scenes of violence as adult. The Council notes that the scenes of violence in the movie Kazan were short and often obscured to limit their scariness. The Council finds that, overall, the movie was very tame; in the Council’s view, the few scenes of violence do not negate this characterization. Given the viewer advisories which preceded the broadcast of the movie and were repeated during the first commercial break, the Council is comfortable with CKCO-TV’s scheduling of the movie Kazan at 1 pm.

An episode of a drama series about three good witches which aired from 7:00-8:00 pm was considered by a CBSC Panel in VRAK.TV re Charmed (“Dead Man Dating”) (CBSC Decision 02/03-0365, July 17, 2003). The episode began with a scene of a young man being surrounded by a gang in an alley. The gang then shot him, though no blood or wounds were visible, and doused his corpse in gasoline and set it on fire. Later in the episode, the characters encountered a supernatural villain who had sinister glowing eyes and a horned mask. Towards the end of the episode, the perpetrator of the young man’s murder was thrown down stairs via one of the witch’s powers of telekinesis, was then shot dead by police officers and his ghost was pierced by the lance of the horned spectre. A sub-plot also included a scene in which one of the main characters envisioned a man being struck by a car. A viewer complained that this episode contained unnecessary violence which was inappropriate for children. The Panel found that the episode required viewer advisories coming out of commercial breaks, but did not find it problematic with respect to gratuitous violence or scheduling:

[T]he content is far from being exclusively intended for adult audiences (and was thus susceptible of being broadcast prior to the Watershed hour of 9:00 pm). That it might have been somewhat shocking for young viewers does not force it into a post-9:00 pm time slot.

CITY-TV re Trauma (“Stuck”) (CBSC Decision 09/10-0389, June 22, 2010) involved an episode of a dramatic program about paramedics in San Francisco. There were several scenes showing violence, accidents and injuries. One of the first scenes was of a construction worker getting his arm caught in a piece of machinery. There was a close-up of his hand jerking and blood flying. There were also scenes of a fistfight, an explosion and fire at a restaurant and the subsequent burns on one man’s body, as well as a man falling and then being impaled on a metal rebar pole. There were close-ups of the pole injury and the man screaming in pain as paramedics tried to remove it. The program aired at 9:00 pm. A viewer suggested that the episode should have been accompanied by viewer advisories and that the advisory should contain precise wording about “amputation, vivisection, mutilation, dismemberment, bifurcation [sic], decapitation or any other form of body-rending grievous bodily harm.” Although the program did air at the watershed hour, the Panel had to consider whether the program was intended exclusively for adult audiences and thus would have required viewer advisories. The Panel concluded that the episode did not fall into the “intended exclusively for adults” category and so the broadcaster was not obligated to provide advisories, but these would have been useful to viewers. Regarding the nature of the content, the Panel observed:

In the case of the challenged episode of Trauma, the Panel acknowledges that there are some graphic incidents, but they are all, of course, accidental occurrences rather than purposeful, graphic but not in the foregoing sense violent. It is disturbing but so are many surgical operations to the non-medically-trained viewer. Fear and suspense of impending violence are absent, and most of the on-screen graphic content reflects accidental and medical occurrences, which is quite contrary to the substance of programs about criminal violence. Moreover, as is not always the case, the title of the program suggests the type of content that may be anticipated by the audience. While not the equivalent of an advisory (more about that subject in the following section), it undeniably provides information to the viewer about the nature of the program.

In any event, the Panel’s bottom line is that it does not find the content to be exclusively adult-oriented.

CBSC Precedents relating to Viewer Advisories

The requirement to include viewer advisories has as its objective to ensure that audiences have a full understanding of the program content they are about to view. Fulsomeness and completeness are key to achieving this requirement. Moreover, fulsomeness and completeness as they relate to viewer advisories depend on whether any of the violent, sexual and/or coarse language content is acceptable before 9:00 pm. The provision of fulsome and accurate advisories ensures that where there may be content unsuitable for children aged 12 and under, viewers will have advance notice and will be able to make a programming choice with a full understanding of the program content that will be broadcast.

On the matter of what type of viewer advisories is required for content containing nudity, sexuality, sexual content and sexual activity, the CBSC has established that the phrase “mature themes” cannot be used as a catch-all term for all adult material. “Mature themes” can be used for programs that treat difficult subject matter, such as suicide, drug addiction, human trafficking and the like.

In Global re ReGenesis (“Baby Bomb”) (CBSC Decision 04/05-1996, January 20, 2006), the Panel dealt with an episode of a dramatic program that focussed on the activities of a fictional organization established to investigate questionable advances in biotechnology. The episode aired at 8:00 pm and contained one brief sex scene and one unmuted instance of the word “fuck”. The viewer advisory that was broadcast at the beginning of the program and coming out of every commercial break warned viewers of the coarse language, but not of the sexual content. The Panel found a breach of Clause 11 on that account.

In Comedy Network re Puppets Who Kill (“The Island of Skip-Along Pete”) (CBSC Decision 05/06-0383, March 30, 2006), a viewer complained about the use of the expressions “Jesus” and “Jesus fucking Christ” as interjections by the criminal characters in this adult comedy program. The viewer advisory at the beginning of the program and coming out of commercial breaks warned viewers of the “mature subject matter” only. The Panel found those viewer advisories inadequate because they did not specifically mention the coarse language.

In Teletoon re Team America: World Police (CBSC Decision 07/08-1011, August 7, 2008), the CBSC Panel dealt with a complaint about a feature film by the creators of South Park. The movie featured marionette puppets representing humans who were members of a special police force established to combat global terrorism. The movie contained numerous scenes of gory violence and coarse language including the words “fuck”, “asshole” and “shit”. In addition to some sexual dialogue, the movie also contained scenes of sexual activity, including a lengthy scene in which one male and one female Team America agent were naked and engaged in sexual activity in various different positions. The movie was broadcast from 9:30 to 11:40 pm. Teletoon included viewer advisories at the beginning and coming out of every commercial break of the broadcast which stated “The following program is intended for adult audiences. It may contain mature subject matter and coarse language. Viewer discretion is advised.” The Panel concluded that the advisories were inadequate because they did not mention the violence and sexuality. It made the following comments about the language of the advisories:

In the present case, while Teletoon specifically advised viewers of the “coarse language” in the film, it characterized the violence and the sexual content under the amorphous heading “mature subject matter”. [...] The Panel finds this patently insufficient for viewers who may wish to know what kind of subject matter they and their families may encounter. Some who may be offended by sexual content may have no difficulty with violence. Others may tolerate both those categories but be troubled by the use of coarse language. While the Panel has no problem with the additional designation “mature subject matter”, it concludes that this is insufficiently precise in the face of any of the categories of sexual content, violence, or coarse or offensive language. They must be explicitly identified in viewer advisories. [...]

[...]

For the foregoing reasons, the Panel finds the viewer advisory chosen in breach of Clause 11 in fine of the CAB Code of Ethics and Article 5.3 of the CAB Violence Code.

Finally, in Starz 1 re High Fidelity, Ramy & The Right Kind of Wrong and Starz 2 re The Hangover & Bridesmaids (CBSC Decision 20.2021-0745, June 16, 2021), the Panel examined five separate broadcasts, involving two dramatic programs and three comedy feature films. All of the broadcasts contained multiple uses of the word “fuck” and other coarse language. All contained some degree of sexual content, some of which the Panel concluded was mild and some of which was explicit. All of the broadcasts were during the afternoon. The viewer advisories warned of coarse language, mature themes and, in some cases nudity, but none alerted to the sexual content. The Panel found a breach for the failure to provide that detail in the advisories:

To be compliant, advisories must fully detail every element of the program so as to best inform the audience members regarding its content. The use of a “catch-all” phrase such as “mature themes” that was used by the broadcaster in this instance is not sufficient.

CBSC Precedents relating to Classification Levels and Icon Use Protocols

Classification Levels

Crave used to be considered a pay television service under the Canadian Radio-television and Telecommunications Commissions’s (CRTC) licensing regime and was therefore allowed to use film board ratings on its feature films. The CRTC, however, eliminated the category of “pay television” on September 1, 2017. It merged the two categories of “specialty” and “pay” into one called “discretionary”. The change took effect immediately for pay stations owned by the large media companies that were licensed on a group basis; this included Crave owned by Bell Media. This meant that the pay services were no longer subject to the Pay Television Codes and their provisions regarding film board classifications. They were now subject to the CAB Violence Code like conventional television and the former specialty services.

Under that code, the CBSC has explained that television broadcasters cannot simply assign the same or equivalent film board rating because the context of viewing in a movie theatre is different from viewing on television at home. At a movie theatre, a consumer makes a conscious choice to purchase a ticket; at home, a viewer might come across a program inadvertently while changing channels.

While film board ratings can be used as guidance, broadcasters must make an independent assessment of the appropriate Action Group on Violence On Television (AGVOT) rating (i.e. the classifications described above) based on the descriptors of the system and CBSC precedents. Although it might seem a bit inconsistent, there is not necessarily a straightforward link between a program’s classification level under Article 4.0 of the CAB Violence Code and the program’s scheduling under Article 3.0 of the CAB Violence Code or Clause 10 of the CAB Code of Ethics. That is to say, a program that contains scenes intended exclusively for adult audiences and therefore must only be broadcast after 9:00 pm can nevertheless legitimately carry a 14+ AGVOT rating.

In TQS re the movie L'Affaire Thomas Crown (The Thomas Crown Affair) (CBSC Decision 01/02-0622, December 20, 2002), the Panel dealt with a complaint about the scheduling and rating of a sexual scene in a movie broadcast at 7:00 pm. The scene, lasting approximately two minutes, showed the male and female main characters engaged in sexual activity with bare breasts and buttocks visible. The broadcaster explained that the theatrically released version of the film had been rated "Visa général" by the provincial film rating board at the time, the Régie du cinéma du Québec, but that it had raised this rating to 8+ for the television broadcast. The Panel made the important decision that Quebec French-language broadcasters can use the system of the Régie, but not necessarily rely on the actual rating given by the Régie to any particular film due to the different circumstances of the television environment:

L'Affaire Thomas Crown is a dramatic feature film which, by its nature and pursuant to the requirements set out in "Classification System for Violence in Television Programming", P.N. CRTC 1997-80, June 18, 1997, requires a classification icon. At all material times in the establishment of a Canadian classification system, it was agreed that the determination of the applicable classification level would be made by the broadcaster on the basis of one of the two systems established in Canada for conventional television and specialty services (the rules for pay television, which are not directly material to this decision, are different). As provided in the CRTC's Public Notice, it was agreed by the Commission "that French-language broadcasters should use the rating system of the Régie du cinéma in Quebec." (In the case of English-language programming, it is the system established by the Action Group on Violence on Television (AGVOT) that is applied.)

The effect of this Commission rule is that the categories, or levels, of classification used by broadcasters in Quebec are essentially those familiar to Quebec moviegoers, namely, G, 13+, 16+ and 18+. To these the broadcasters have added the rating level, 8+, which is the equivalent of the Régie's "G, déconseillé aux jeunes enfants" ("not recommended for children"). More important, however, is the understanding of the effect of the above-cited principle from P.N. CRTC 1997-80. In the view of the Panel, the words clearly establish that it is the rating system of the Régie du cinéma on which broadcasters are expected to rely. It is not the actual rating. That choice is the responsibility of the broadcaster, not the Régie. If there were any doubt in that regard, it is resolved by the consideration of the full sentence (from which the above-cited reference to the Quebec rating system is taken). It provides

that pay television and pay-per-view services should continue to use the ratings of the provincial ratings boards and that French-language broadcasters should use the rating system of the Régie du cinéma in Quebec.

In other words, the ultimate discretionary broadcasters, the pay services, are to use the actual ratings chosen by the provincial ratings boards while the French-language conventional broadcasters are to use the rating system of the Régie du cinema.

This interpretation is further supported by the fact that the CRTC provided in that same Notice that the CBSC would "act as […] an arbitrator in disputes regarding the classification of television programs", a duty which would be rendered meaningless if broadcasters had no responsibility with respect to the choice of rating. It is also obvious that the CRTC would not have expected the CBSC to play any role in arbitrating the Régie's choice of ratings (insofar as those ratings are determined by that provincial authority for the cinemas); that CBSC duty could only logically be exercised relative to the broadcaster's choice of rating for its television broadcast. In this respect, it is also material to underscore the fact that the Régie establishes the ratings for feature films shown on cinema screens, in other words, for films which are inaccessible to members of the public unless they exercise the conscious decision to pay for a movie ticket at the local cinema.

Television is another matter. Conventional television broadcasters send their films into everyone's homes. There is no need for a more conscious and activist step on the part of the viewer than to turn on the set and select a channel (which may even be a not particularly activist step in the case of a channel-surfer, to choose one such relatively passive example). It is one reason, at least, for establishing a set of tools that will enable audience members to make informed viewing choices. These include broadcast codes, the establishment of a Watershed hour and the requirement of viewer advisories, as well as program ratings and V-chip encoding.

In other words, while the categories may be the same for both the cinema and the television screen, the determination of the applicability of the category to a particular program may differ.

Examples of Acceptable and Unacceptable PG Classifications

A CBSC Panel examined the PG rating in CHRO-TV re Dead Man’s Gun (“The Mesmerizer”) (CBSC Decision 97/98-1208, February 3, 1999). An episode of the dramatic program contained brief nudity on the cusp of the watershed hour. The Panel commented that a PG rating was acceptable:

The “PG” rating, a description of which is provided above, appears to the Council to be the most appropriate for the program in question. The sex/nudity guidelines for a “PG” rating are that the program “could possibly contain brief scenes of nudity” and “might have limited and discreet sexual references or content when appropriate to the storyline or theme”. The Council considers that the female upper-body nudity included in this program was indeed very brief and the absence of any depictions of actual sexual activity constitutes sufficiently “discreet” sexual content to justify this rating. Moreover, the appropriateness of the “PG” rating becomes even clearer when one compares the “PG” guidelines relating to sex and nudity to the parallel guidelines for the “14+” and “18+” ratings. In comparison to the PG descriptor contained above, the guidelines provide that programming rated as “14+” “might include scenes of nudity and/or sexual activity within the context of narrative or theme” while programming intended for viewers 18 years and older (18+) “might contain explicit portrayals of sex and/or nudity”. In the Council's view, the single scene involving nudity was brief and the episode did have “limited and discreet sexual [...] content”. In the circumstances, the Council considers that the broadcaster's PG choice was absolutely accurate.

In CFPL-TV re episodes of Hercules: The Legendary Journeys and Xena: Warrior Princess (CBSC Decision 98/99-0306, June 17, 1999), the Panel dealt with a complaint regarding the violence contained in two adult fantasy programs. The Panel took no issue with the Sunday afternoon scheduling and PG rating of the programs. The Panel also noted that, while both these action/adventure fantasy programs contained many scenes of violence, “the fighting is portrayed as more acrobatic than violent in these shows and the results of the violence are more suggested than graphic.” Moreover, the Panel did not find that the programs contained “porn images” and “S&M” as alleged by the complainant, although it did find that many scenes “contained [...] sexual innuendo and suggested sexual activity.”

Finally, in Prime re the film Smokey and the Bandit (CBSC Decision 05/06-1575, January 8, 2007), a viewer complained about the coarse language in Prime’s broadcast of the 1977 comedy feature film starring Burt Reynolds and Sally Field. The film aired from 11:00 am to 1:00 pm Central Time (noon to 2:00 pm Eastern). The movie contained numerous instances of coarse language, including “son-of-a-bitch”, “damn”, “hell”, “shit”, “bullshit”, “ass” and “Jesus Christ”. There was also one scene in which a character mouthed the words “Fuck off”, but they were inaudible, drowned out purposefully by the sound effects employed at that instance for comedic effect. Prime rated the film PG and provided viewer advisories throughout the broadcast warning audiences about the language. The Panel concluded that PG was an acceptable rating for the broadcast.

Examples of unacceptable PG classifications include CHMI-TV re the movie Double Team (CBSC Decision 99/00-0372, May 5, 2000). The Panel considered a complaint concerning, among other things, the PG rating of this Jean-Claude Van Damme movie. The movie was “replete with fighting, explosions and gunfire.” The Panel disagreed with the broadcaster’s choice of the PG rating and stated 14+ would have been acceptable:

Of the possible ratings for this film, namely, PG, 14+ and 18+, the broadcaster has selected the one clearly incorrect choice. First, in the category description for the PG rating, it is stated: “This programming, while intended for a general audience, may not be suitable for younger children (under the age of 8). [Emphasis added.]” Second, under the Violence Guidelines, it is provided that “any depiction of conflict and/or aggression will be moderate and limited” and that “any such depictions should not be pervasive.” In the view of the Council, and apparently the broadcaster based on its own advisory, the film is decidedly not intended for a general audience. It is intended for an adult audience. Moreover, the violence in the film cannot possibly be described as “moderate and limited”. Despite the fact that the film appears to contain violent elements suitable for an adult audience in terms of the watershed, the Council is of the view that the nature of the violence is not such that it would have needed be rated 18+, the highest category. The Violence Guidelines for the 14+ category allow that “violence could be one of the dominant elements of the storyline” and that the programming may even “contain intense scenes of violence.” While, for watershed purposes, the program is intended for adult audiences, the purpose of the 14+ rating, in the view of the Council, is to provide sufficient information for families that, despite its compatibility with a more mature audience, they may determine for their own homes that it may constitute suitable viewing for their older children.

Consequently, while the Council considers that the broadcaster’s choice of rating was incorrect and in breach of classification system requirements, it is a 14+ icon which should be present on future broadcasts of the film.

Another example of an unacceptable PG classification occurred in Showcase Television re the movie Frankie Starlight (CBSC Decision 02/03-0682, January 30, 2004). The Panel considered that a 14+ rating would have been more appropriate for a movie containing some use of the f-word than the PG rating assigned by the broadcaster. The Panel concluded that “the not infrequent use of coarse, as opposed to mild, profanity renders the film a 14+, rather than a PG, film. The Panel appreciates that that is also the view of the broadcaster, which has advised in its letter that, when broadcast in future, Frankie Starlight will be rated 14+.”

In Showcase re the movie Rats (CBSC Decision 99/00-0772, August 23, 2001), the Panel found the PG rating on this sexually explicit film to be inadequate. The PG rating allows for “limited and discreet sexual references”. The Panel found the lengthy scene in which the male protagonist is being straddled by a woman and both participants climax to be much more than “discreet”. It decided that a 14+ rating, which allows for “sexual activity within the context of narrative or theme” would have been the correct one.

Finally, in CHCH-TV re NCIS (“Mind Games”) (CBSC Decision 05/06-0479, December 15, 2005), the Panel dealt with an episode of a crime action drama. The episode’s plot focussed on a serial killer. The episode contained scenes that depicted women with their tongues cut out, their bare backs carved and their bodies suspended from trees. It also contained a scene of a female NCIS agent confronting an attacker. The program originated from CBS in the United States and was simultaneously substituted on the Canadian service CHCH-TV. CHCH-TV rated the episode PG. The Panel concluded that the graphic nature of the violence required at least a 14+ rating:

In the matter at hand, the Panel considers that the PG choice was too conservative. The violence in the program was not, as the PG descriptor anticipates, both “limited and moderate”; while it was not pervasive, it exceeded “limited” by a little and “moderate” by more. It fell, in the view of the Panel, below but closer to the descriptor in the 14+ definition, “intense”.

While the categories represent a smooth transition on a continuum from any one level to that above it, the descriptors that move from one rating definition to the next do not represent such a smooth, gap-less flow. They are, after all, words and are unlikely to be linked as tightly as the categories themselves. The effect of that transition is that the content encountered may not fall snugly within either the category below or that above. When that occurs, and the broadcaster applying the rating concludes that the content exceeds the lower definition, it has no choice but to apply the higher rating, even when the higher definition is not attained. The viewer will not otherwise be protected in his or her viewing information and alerts.

Examples of Acceptable and Unacceptable 14+ Classifications

In Showcase Television re the movie Police 10-07 (CBSC Decision 00/01-0613, January 16, 2002), the Panel examined a movie about the investigation of the serial killing of homosexual men by a method known as erotic strangulation. The movie contained some threatening scenes, some scenes involving violent activity and other scenes showing the results of off-screen violence and was rated 14+. The Panel concluded that this was the appropriate rating since this category “allows for mature themes and social issues; violence as a dominant element of the storyline; and scenes of intense violence.”

Another acceptable 14+ classification was examined in WTN re the movie Wildcats (CBSC Decision 00/01-0964, January 16, 2002). The movie contained two brief scenes of both male and female nudity, as well as multiple instances of the word “fuck”, “motherfucker”, “shit” and other coarse language. The movie was rated 14+, which the Panel deemed was the appropriate one.

Another CBSC Panel found the 14+ classification given by the broadcaster was acceptable in Showcase Television re the movie Muriel's Wedding (CBSC Decision 02/03-0882, January 30, 2004), which dealt with a movie that contained the f-word and its derivatives.

In OUTtv re the film L.I.E. (CBSC Decision 09/10-1703, January 7, 2011), the subject of the complaint was a film in which a 15-year-old boy, Howie, develops a relationship with an older man named Big John. At first, Big John insinuated that he would like sexual favours from Howie, but those favours are never rendered and the two develop more of a father-son relationship. The film contained instances of the f-word (and its derivatives), conversations of a sexual nature, scenes of fist-fights and one shooting, and one scene of sexual activity combined with nudity involving Howie’s father and a woman. A viewer complained that the film constituted “child pornography” and had the potential to teach sexual predators how to “seduce the innocent”. The film aired at 9:00 pm Eastern, which was 8:00 pm in the complainant’s Central time zone. A 14+ classification icon appeared at the beginning of the broadcast, but was not repeated at the beginning of the second hour. Although the broadcaster stated in its letter that it had rated the film 18+, the Panel considered that 14+ was sufficient:

As to the choice of classification level, the Panel was struck by the broadcaster’s statement that it applied an 18+ rating to the broadcast of L.I.E. when it was patently apparent on the logger of the broadcast that its choice had been 14+. The Panel considers that more care and attention are required in dealing with complaints from the public. The implication in this situation is that OUTtv’s Chief Operating Officer did not review the program before replying.

The foregoing being said, the Panel does not consider that a rating higher than 14+ was required. Neither the violent nor the sexual content was intense enough to exceed the 14+ level. As to the issue of the coarse language, the Panel considers that the descriptor for that rating level permits strong or frequent profanity. In the view of the Panel, the intensity of the profanity reached that level, but that meets and does not exceed the 14+ level. There is consequently no breach on account of the choice of 14+ as the appropriate level of classification for the film.

Finally, in Starz 1 re High Fidelity, Ramy & The Right Kind of Wrong and Starz 2 re The Hangover & Bridesmaids (CBSC Decision 20.2021-0745, June 16, 2021), the CBSC Panel examined five separate broadcasts, involving two dramatic programs and three comedy feature films. All of the broadcasts contained the word “fuck” and other coarse language. Some contained sexual content. For example, The Right Kind of Wrong included a scene of a man performing cunnilingus on a woman with her bare breasts visible and another of the main couple having sex on a mountainside. The Hangover contained numerous vulgar verbal references to sex, as well as photographs of a man receiving fellatio in an elevator with his penis clearly visible. It also contained some comedic violence of the main characters getting injured and beaten up. Bridesmaids contained considerable innuendo and comedic sexuality, such as a man and woman in a variety of sexual positions, a couple initiating a sexual encounter involving a submarine sandwich and numerous verbal references such as “blowjobbing to get crack” and “Put your American sausage in my English McMuffin.” Starz rated all of the broadcasts 14+. The Panel agreed that that was the appropriate rating for all of them. It did, however, make some comments about the episode of Ramy which contained a scene of a woman asking a man to choke her while she fingered herself, a request that made him uncomfortable. The Panel made the following comments about the classification system in general and that scene:

CBSC decisions give a wide berth to the 14+ classification [...]. On when a program crosses the 14+ versus 18+ divide, [...] the CBSC has said that where there is strong sexual innuendo and an overtly sexual theme, if there is no depiction of any sexual activity, the 14+ classification will be sufficient.

There was no nudity in the segment involving erotic asphyxiation in Ramy. The Panel appreciates that the scene was relevant to the plot and character development in the sense that Ramy’s encounter with Nour causes him to question the stereotypes he holds about Muslim women. The episode as a whole dealt with Ramy’s conflicts in a realistic and thoughtful manner. Although the scene deals with a less conventional form of sexual gratification, as well as issues of consent and belittling, the CBSC precedents are clear that an 18+ classification is required only when the entire program contains depictions of actual sexual activity or vulgar, detailed descriptions of a sexual act. A large quantity of sexually explicit material, along with an overall sexual tone of the program are therefore required before an 18+ classification is needed. In this instance, there is no completion of the sex act and the choking segment is a small part of the entire program’s narrative. While the Panel considers that the inclusion of a troubling sexual act (erotic asphyxiation) along with issues related to consent and belittling takes this episode of Ramy very close to an 18+ level, it still remains on the 14+ side of the 14+/18+ divide. Accordingly, the 14+ classification is sufficient.

Classification Icon Use Protocols

On programs that require classification, the classification icon is required to appear for at least 15 seconds at the beginning of the broadcast and again at the top of the second hour for programs that run longer than one hour. Failure to display the classification icon as per these terms constitutes a breach of Article 4.0.

In Showcase re the movie Rats (CBSC Decision 99/00-0772, August 23, 2001), the Panel found a breach of the “frequency” section of Article 4.0 for Showcase’s failure to feature the rating icon at the beginning of the second hour.

A CBSC Panel dealt with episodes of The Sopranos in CTV re The Sopranos (Season 2) (CBSC Decision 01/02-0104+, May 9, 2002), which was a mafia drama series, all episodes of which were rated 18+. Although each episode was usually one hour long, some episodes occasionally ran a few minutes longer than the show’s usual 11:00 pm end time. One television viewer complained that he had turned on his tv set expecting to see CTV News but was instead confronted with the violence and coarse language of The Sopranos. The 18+ icon appeared at the beginning of the program, but was not repeated in those instances where the episode ran longer than one hour. For that, the Panel found CTV in breach.

In OUTtv re the film L.I.E. (CBSC Decision 09/10-1703, January 7, 2011), the subject of the complaint was a film in which a 15-year-old boy, Howie, develops a relationship with an older man named Big John. At first, Big John insinuated that he would like sexual favours from Howie, but those favours are never rendered and the two develop more of a father-son relationship. The film aired at 9:00 pm Eastern, which was 8:00 pm in the complainant’s Central time zone. A 14+ classification icon appeared at the beginning of the broadcast, but was not repeated at the beginning of the second hour. The Panel considered that 14+ was sufficient, but the icon should have aired at the beginning of the second hour:

The rule relating to the display of the classification icon is straightforward and clearly laid down in Article 4 of the Violence Code. It must appear at the start of the program and again at the beginning of the second hour for programs that extend beyond sixty minutes. [...] The failure of OUTtv to repeat the classification icon at the beginning of the second hour constitutes a breach of Article 4.

Finally, in HIFI re 10 000 BC, The Mechanic & Trailer Park Boys (CBSC Decision 16/17-0474, August 9, 2017), the CBSC dealt with a number of different broadcasts. In the case of The Mechanic, which was a two-hour movie, HIFI failed to broadcast the classification icon at the beginning of the second hour. This constituted a breach of Article 4.0.

The Panel’s Findings for the 3 Movies aired by Crave

Drive My Car

The Panel considers that the CBSC precedents outlined above are very clear on viewer advisories and the level of completeness and fulsomeness required. There was clear sexual activity in this movie and, therefore, the advisory should have mentioned “sexuality” or “sexual activity”. Accordingly, failure to mention this means that Crave 3 breached Clause 11 of the CAB Code of Ethics.

Although the sexual content of the film required a viewer advisory, based on the precedents cited above, the Panel does not consider that the sexual activity was explicit and intended only for adult audiences. Accordingly, this movie did not require a post-9:00 pm timeslot under Clause 10 of the CAB Code of Ethics.

Again, the CBSC precedents on the Classification Icon Use Protocols are clear with respect to the requirement to repeat the classification icon at the top of the second hour of a program. Crave 3’s failure to do so constitutes a breach of Article 4.0 of the CAB Violence Code.

Dune

As explained in the precedents outlined above, there is no mathematical formula to determine what violence is intended exclusively for adult audiences and therefore needs to be shown only after 9:00 pm. The CBSC takes into consideration frequency, gore, explicitness and tone in determining whether violence is intended for adults only. Although Dune contains numerous scenes of violence, namely the battles between the warring factions and the close-ups of blood and weapons in Paul’s visions and eventual reality, the Panel is of the view that the violence shown in this sci-fi themed movie did not reach a level intended for adult audiences only. Accordingly, Crave 1 could air this movie in a pre-9:00 pm timeslot.

On the matter of coarse language, precedents have established that the broadcast of mild swear words such as “ass”, “hell” and “damn” is acceptable at any time of day though it sometimes depends on frequency and context. The complainant mentions the United States Federal Communications Commission’s (FCC) position on the word “shit”, pointing out that the FCC does not allow that word to be broadcast during daytime hours. The CBSC and the Canadian system does not share that view; the word “shit” is permitted during daytime hours, particularly if it is used merely as an interjection and not to insult a person. The word “shit” appeared only once during the movie Dune to express frustration or worry. Therefore, the Panel has determined that the language used in Dune is acceptable in a daytime timeslot under the CAB Code of Ethics.

In addition, the Panel considers that the coarse language in the film was sufficiently mild that it did not need to be mentioned in the viewer advisory. There is , therefore, no breach of Clause 11 of the CAB Code of Ethics on this account. The Panel does, however, encourage broadcasters to be thorough and detailed in terms of the identifying all possible program elements that some viewers might find offensive. The purpose of viewer advisories is, after all, to allow audiences to make informed viewing choices.

Consistent with its finding above with regards to repeating the classification icon at the top of the second hour, the Panel finds that Crave 1’s failure to do so in this broadcast constitutes a breach of Article 4.0 of the CAB Violence Code.

Finally, the Panel considers, based on precedents outlined earlier, that PG was the appropriate classification for this sci-fi adventure film.

Survive

On the matter of the violence in this movie, Survive contains a number of violent scenes including the airplane crash, injuries such as a broken arm, a fatal throat laceration and a wolf attack. The Panel notes that the violent scenes included many close-ups of the injuries and, in the context of the broken arm, it is a gaping wound where one can see cartilage. One of the last scenes of the movie involves a violent and bloody attack with a wolf severely injuring the character Jane. By zooming in on the injuries and the wolf attack, the Panel considers that the violent scenes were graphic and jarring especially when one considers that this movie aired at 9:20 am and these scenes were realistic depictions of violent acts. In the Panel’s view, these scenes of violence were intended exclusively for adult audiences and necessitated a post-9:00 pm timeslot. Accordingly, the Panel finds that Crave 1 breached Article 3 of the CAB Code of Violence.

Of the three movies reviewed by the Panel, Survive was the only movie that contained the f-word. There are 8 instances of the word in that movie. In its response, Bell Media notes that the strong language “was not caught during [its] internal scheduling process” and acknowledges that it will not broadcast the movie before 9:00 pm in future. Based on the precedents and the fact that Crave 1 acknowledges the coarse language in the movie required a post-9:00 pm timeslot, the Panel finds that Crave 1 did breach Clause 10 of the CAB Code of Ethics.

The Panel also finds that Crave 1 breached Clause 11 of the CAB Code of Ethics for failing to include “coarse language” in its viewer advisory.

Again and consistent with its findings above with regards to repeating the classification icon at the top of the second hour, the Panel finds that Crave 1’s failure to do so in this film constitutes a breach of Article 4.0 of the CAB Violence Code.

Crave 1 gave Survive a PG classification. In its response, it explained that the AGVOT ratings it chose for these movies (i.e. Dune and Survive) align with provincial film boards’ ratings. As explained earlier, since Crave is now considered a discretionary service it can no longer simply assign the same or equivalent film board rating because the context of viewing in a movie theatre is different from viewing on television at home. At a movie theatre, a consumer makes a conscious choice to purchase a ticket; at home, a viewer might come across a program inadvertently while changing channels.

Given the level of violence and coarse language in this movie, it required a post-9:00 pm timeslot and, based on the precedents outlined above, the Panel concludes that a PG classification was not appropriate. Rather, a 14+ classification was required for the movie Survive. Consequently, the Panel has determined that Crave 1 breached Article 4.0 of the CAB Violence Code when it used a PG classification for the movie Survive.

Broadcaster Responsiveness

In all CBSC decisions, the Panels assess the broadcaster’s response to the complainant. The broadcaster need not agree with the complainant’s position, but it must respond in a courteous, thoughtful and thorough manner. In this case, Crave responded to the complainant, providing some background on each of the films. More importantly, Crave committed to making changes on future broadcasts of these films, particularly with respect to scheduling and the wording of viewer advisories. While this commitment does not change the Panel’s findings with respect to the specific broadcasts reviewed for this decision, the Panel commends Crave for acknowledging its errors. The broadcaster fulfilled its obligations of responsiveness and, subject to the announcement of this decision, nothing further is required on this occasion.

DECISION ANNOUNCEMENTS

Crave 3 is required to: 1) announce the decision, in the following terms in audio and video format, once during prime time within three days following the release of this decision; once more within seven days following the release of this decision during the time period in which Drive My Car was broadcast, but not on the same day as the first mandated announcement; 2) within the fourteen days following the broadcasts of the announcements, to provide written confirmation of the airing of the statement to the complainant who filed the Ruling Request; and 3) at that time, to provide the CBSC with a copy of that written confirmation and with air check copies of the broadcasts of the two announcements which must be made by Crave 3.

The Canadian Broadcast Standards Council has found that Crave 3 breached the Canadian Association of Broadcasters’ Code of Ethics and Violence Code in its broadcast of the movie Drive My Car on March 30, 2023. Crave 3 should have mentioned “sexual content” in its viewer advisory as per Clause 11 of the Code of Ethics and it should have displayed the classification icon a second time as per Article 4 of the Violence Code.

Crave 1 is required to: 1) announce the decision, in the following terms in audio and video format, once during prime time within three days following the release of this decision; once within seven days following the release of this decision during the time period in which Dune was broadcast, but not on the same day as the first mandated announcement; and once within seven days following the release of this decision during the time period in which Survive was broadcast, but not on the same day as the first mandated announcement; 2) within the fourteen days following the broadcasts of the announcements, to provide written confirmation of the airing of the statement to the complainant who filed the Ruling Request; and 3) at that time, to provide the CBSC with a copy of that written confirmation and with air check copies of the broadcasts of the three announcements which must be made by Crave 1.

The Canadian Broadcast Standards Council has found that Crave 1 breached the Canadian Association of Broadcasters’ Code of Ethics and Violence Code in its broadcasts of the movies Dune on April 2 and Survive on April 16, 2023. Crave 1 did not display a classification icon with the required frequency during both movies. In its broadcast of Survive, Crave 1 broadcast scenes of violence and coarse language intended for adult audiences at an inappropriate time and should have mentioned coarse language in the viewer advisory. Crave 1 also rated Survive too low.

This decision is a public document upon its release by the Canadian Broadcast Standards Council.

APPENDIX A

Crave is a discretionary television service specializing in feature films and premium drama programs, documentaries and specials. It is a multiplex with four separate channels that air different content. Crave 1 and 3 are the channels under examination here.

Crave 3

Drive My Car

March 30, 2023

6:00 am

Drive My Car is a Japanese film with English subtitles from 2021. The main character is Yûsuke Kafuku. Oto is his wife. Yûsuke is a theatre actor and Oto is a television screenwriter. Early in the movie, Oto dies unexpectedly of a cerebral hemorrhage. Yûsuke was aware that Oto was unfaithful to him, which complicates his grieving process. Two years after Oto’s death, Yûsuke accepts a residency to direct a multilingual production of the play Uncle Vanya by Russian playwright Anton Chekhov. The play ends up starring a young actor named Koshi¹ Takatsuki whom Yûsuke presumes was one of the men with whom Oto cheated on him. Through Yûsuke’s interactions with the people involved in the theatre production, particularly the young woman, Misaki, who is hired as Yûsuke’s chauffeur, Yûsuke comes to terms with Oto’s death.

Crave 3 broadcast the following viewer advisory in audio and video formats at the beginning of the broadcast. There were no commercial breaks during the broadcast and therefore no other opportunities to repeat the advisory:

The following program is rated 14+ and contains scenes with violence, coarse language and mature themes. Viewer discretion is advised.

The 14+ classification icon appears during the viewer advisory and again at the beginning of the actual film for 16 seconds. It is not repeated at the top of the second hour.

The following scenes are the most relevant to the complaint:

06:01:19-06:04:25

Oto is topless. She is telling a story as she develops a script for a television program about an adolescent girl sneaking into an adolescent boy’s house. Oto is sitting up in a bed, but the lighting behind her makes it dark, so the viewer cannot really see her bare breasts. At 6:02, the camera angle switches to show her from behind. The viewer sees her bare back and the top part of her buttocks as she kneels in the bed talking to her husband Yûsuke lying beside her with no shirt on. The camera angle switches again. Oto lies down. She continues her story about the girl sneaking into the bedroom of the boy she has a crush on. Part of the story is:

Oto: She holds back the urge to masturbate.

Yûsuke: Why? The limits of a television drama?

Oto: No. She has her own set of rules. Things she’ll allow or won’t allow herself to do.

Yûsuke: She can sneak into his house, but not masturbate there.

Oto: Right.

06:04:32-06:04:40

Oto & Yûsuke are lying in bed together with their arms around each other and shown from above. They are both topless with their lower halves covered by blankets. Oto is lying on her front, so the viewer can only see her back.

Driving in the car, Oto & Yûsuke continue to plot out the storyline of the tv show. It involves the girl leaving an unused tampon in the boy’s room as a token that he might find one day as evidence she had been there. Oto says of the female character, “She’s kinky”. She takes tokens of the boy in return, such as a pencil. The girl in the story sneaks into the boy’s house repeatedly.

06:16:12-06:17:08

Yûsuke returns home to his apartment to find Oto having sex with another man. It is possibly the young actor named Koshi Takatsuki whom she had brought with her to see Yûsuke’s performance earlier, but both Yûsuke and the viewer only see the man from behind. When Yûsuke first walks in, he hears Oto making noises of pleasure. Oto & the other man are on the couch, both with bare torsos. Yûsuke sees them reflected in a mirror. The other man’s back is to him; Oto is straddling the man and bouncing up and down as she moans in pleasure. Yûsuke watches for a moment, then leaves the apartment. Oto never notices Yûsuke there.

06:24:21-06:31:00

Yûsuke & Oto are at home. Yûsuke unzips Oto’s dress and kisses her passionately. She starts to undo his shirt. The scene cuts to them lying in bed kissing. She is wearing a camisole. He removes her underpants and adjusts her legs so he can get between them. He takes off his own underpants and thrusts on top of her. They kiss passionately. Yûsuke pulls her into an upright position as they continue to have sex. The scene cuts to them lying on the bed in the dark. Oto has her eyes open, but Yûsuke has his closed. Oto continues her story about the adolescent girl. Yûsuke kisses Oto’s neck and caresses her shoulder. She & Yûsuke kiss passionately some more. Oto straddles Yûsuke and continues to narrate her screenplay: “She begins to masturbate on Yamaga’s bed. She strips off all her clothes one layer at a time.” Oto takes off her camisole, but is shown from the back. She kisses Yûsuke. She continues her story as she grinds against Yûsuke: “She’s forbidden herself from doing it, but now she can’t stop.” The camera angle shifts so the viewer can see the curve of Oto’s breast as she leans over Yûsuke. She sits up again and there is a close-up of her face as she continues to both tell the story and have intercourse with Yûsuke. The camera angle switches to being from above. Yûsuke covers his eyes with the back of his hand as Oto’s gyrations speed up until she climaxes and collapses on top of him.

08:02:07-08:13:20

Yûsuke explains to Koshi Takatsuki that Oto used to narrate stories while they were having sex and then she would get Yûsuke to tell them back to her afterwards so she could turn them into screenplays. Yûsuke tells Koshi that he knows Oto had sex with other men, usually the actors who appeared in her tv series. They discuss the story Oto was working on about the girl who sneaks into the room of the boy she likes. Koshi tells Yûsuke the ending of that story which Yûsuke had not heard from Oto. The girl is discovered naked on the bed in the boy’s room by a burglar. The burglar attempts to rape her, so she stabs him repeatedly with a pen in his eye, neck and temple until he dies. Then the girl washes the blood off in the shower and goes home. The token she leaves in the boy’s room that day is the burglar’s corpse.

There are two instances each of the phrases “Damn it” and “God damn it” in the film.

Crave 1

Dune

April 2, 2023

1:40 pm

Dune is a 2021 science fiction film based on the 1965 novel by Frank Herbert. The plot takes place in the distant future and the main character is adolescent Paul Atreides. Paul is the son of a duke whose family moves from their home planet Caladan to a desert planet called Arrakis. Arrakis is the source of a valuable psychotropic substance called melange, but colloquially known as “spice”. Paul’s father, Duke Leto Atreides, was told to rule the planet, taking power away from Baron Harkonnen. Much of the plot involves Harkonnen trying to wrest power back from Leto Atreides. The compound in which the Atreides family lives is called Arrakeen. The planet Arrakis is inhabited by a mysterious people called the Fremen. Paul’s mother is Lady Jessica. She is a member of a sisterhood of witches called Bene Gesserit. Paul has inherited some of Jessica’s supernatural powers, which Jessica has encouraged him to develop. Paul is also being trained in the art of combat by Leto’s top soldiers, Duncan and Gurney.

Crave 1 broadcast the following viewer advisory in audio and video formats at the beginning of the broadcast. There were no commercial breaks during the broadcast and therefore no other opportunities to repeat the advisory:

The following program is rated PG and contains scenes with violence and mature themes. Viewer discretion is advised.

The PG classification icon appears during the viewer advisory and again at the beginning of the actual film for 18 seconds. It is not repeated at the top of the second hour.

The following scenes are the most relevant:

13:43:18-13:43:59

Men are walking across the desert. A person rises up from the sand and stabs another person with a sword in slow-motion. There is a close-up of a gun trigger. There is a fiery explosion and flares going off around people huddled on the sand or trying to flee. People are struck and fall to the ground.

13:53:14-13:53:26

Paul is telling Duncan about the dreams he has been having. Paul tells Duncan in one he saw Duncan lying dead in battle. There is a scene to represent this. Many men in white suits & helmets are lying in what appears to be the inside of a spaceship. There are blood smears on them and on the floor.

13:57:35-14:00:10

Gurney does sword-fighting training with Paul. They wear special bracelets that activate a special power called a Holtzman shield that prevent them from getting injured. They take it very seriously and get aggressive. Gurney yells at Paul to “Fight! Come on!”

14:06:33-14:09:24

Paul’s mother Jessica is a member of an all-female order called Bene Gesserit whose members have supernatural powers such as telekinesis. Jessica forces Paul to meet with the leader of the order, Truthsayer Gaius Helen Mohiam who subjects him to a test. Mohiam wears all black clothing and a black veil. Mohiam is sitting in a chair in the middle of a darkened room. She uses telekinesis to force Paul to kneel in front of her. She insists that he put his hand in a small metal box that is situated on the arm of her chair. She puts a needle near his neck and tells him it is poisonous. If he does not obey, she will prick him with the needle to invoke instant death. The tone of the scene is very dark and sinister. She asks him what he would do to escape. There is tinkly music to imply something is happening to his hand inside the box and Paul gets a pained expression on his face that he tries to resist. Jessica is standing outside the door of the room. She holds her midsection and grimaces as if she can feel Paul’s pain. Paul fights back tears and grunts. Mohiam says, “Silence!” Paul is shaking and his face goes red, but he keeps his hand in the box. Paul concentrates. His mother recites lines about fear in whispers outside the room. Paul has visions of fire, a charred hand and a hand holding a sword. His face shows he is gaining control over the situation as he stares at Mohiam. She says “Enough” to end the test and Paul pulls his hand out of the box. Mohiam tells Paul he is very powerful because he is Jessica’s son, not because he is a duke.

14:21:45

Leto: What do they say about this hell hole again?

Gurney: “To shower, you scrub your ass with sand”, My Lord. That’s what they say.

14:36:55

Gurney: What the hell’s a sand compactor?

14:38:25-14:38:33

Dr. Kynes is going to give an aerial tour of the machines that harvest melange. She approaches Leto Atreides to inspect the integrity of his special suit. His guards instinctively draw their swords and point them at her neck and face. Leto Atreides tells them “it’s all right” and they lower their weapons.

14:43:51-14:49:23

Duke Leto Atreides, Paul and a team have flown a helicopter-like vehicle called an ornithopter into the desert to observe the spice harvester machines. Dr. Kynes explains that there is always a risk of sandworms. They see one approaching the harvester. The carryall that lifts the spice harvester up cannot make full contact with the harvester that needs to be evacuated. When Kynes hears the pilots communicating about the malfunctioning carryall leg, she mutters under her breath, “Shit”.

Leto insists they save the men on the harvester despite having to abandon all the spice they have harvested: “Damn the spice! I want every man off that crawler now!” Paul is out in the desert to help them. He gets distracted by his visions so he does not return to the ornithopter. Gurney runs out to get him. It is difficult for them to make their way back to the ornithopter due to the sandstorm and uneven ground. The sand ripples as the sandworm approaches. They just make it onto the ornithopter as they watch the sandworm swallow the harvester. Dr. Kynes utters a prayer.

14:52:27-14:53:11

Paul tells his mother about the vision he had while outside in the desert. It is shown in a series of slow-motion flashes. He is with a young woman around his age. They begin to kiss. There is a close-up of a sword with blood on it. Paul pulls away from her and drops to his knees. There is a close-up of a hand covered in blood. The sword with blood on it is shown again. He says he thought he saw his own death.

14:57:32-15:08:30

It is nighttime. Something seemingly shoots the Arrakeen guards and causes them to fall down. There is a close-up of a person’s hand holding a gun. The lights dim as a figure is shown in a doorway. Leto Atreides wakes up and goes into the main area of his palace. A servant woman is lying on the steps. The Duke calls for security, but no one comes. He activates his Holtzman shield and goes to her. He rolls her over and sees that there is a blade in her chest. She grips his shoulder and then lets go, leaving a bloody handprint, and dies. Leto Atreides seemingly endures an electrical shock and there is a small dart in his back. His Holtzman shield ceases to function and the dart pierces his back, causing him to fall to the floor and collapse. Someone notifies Gurney that the shield has come down on the complex. Gurney summons the military and they jump to action into their ornithopters. There are explosions, weapons firing and soldiers running. Some soldiers fall down due to the explosions. A giant piece of equipment falls in a fiery blaze. Spaceships land and men wearing armoured suits gets off. There is a mêlée as the two sides fight each other with swords and equipment explosions go off around them. Rows of soldiers march then fight each other with swords and bayonets, some with Holtzman shields.

Atreides’ guards are lined up on their knees with their hands tied behind their backs. Glossu Rabban Harkonnen, who is the Baron’s nephew, approaches them with a sword. He swings it to behead each of them in turn, though the beheadings are obscured by blurry flames.

The soldiers on Harkonnen’s side are called Sardaukar. Four Sardaukar soldiers approach Duncan. They fight with swords and Holtzman shields, with Duncan killing all four of them.

Paul and Jessica are on a ship as prisoners of the Harkonnens. There are three Harkonnens. Jessica is bound and gagged. Their captors discuss leaving them out in the desert to be eaten by sandworms or cutting their throats. The ornithopter carrying Paul and Jessica flies off as more fiery eruptions occur at Arrakeen.

Duncan fights with more Sardaukar and Harkonnen. Duncan gets into an ornithopter and flies around as Arrakeen is destroyed.

15:09:12-15:11:33

Jessica’s and Paul’s captors continue to discuss what to do with them. Paul tells them not to touch his mother. One of the captors slaps him across the face. Then Paul asks them to remove his mother’s gag. The captor punches Paul and tells him to “Shut up”. Paul and Jessica use their supernatural powers to order one captor to kill another one. The first captor slits the throat of the second captor. His body falls out the open hatch of the ornithopter. The third captor covers Jessica’s mouth and she bites his hand. Paul trips the first captor. Jessica orders the third captor to cut her ropes and give her the knife he is holding. Jessica then stabs him with it and pushes his body down. She slits the throat of the first captor. The ornithopter lands.

15:14:47-15:15:13

Duke Leto Atreides wakes up, slumped in a chair naked, in a room with Baron Harkonnen and his men. Leto’s doctor, Dr. Yueh, is brought in by Harkonnen’s soldiers. Dr. Yueh explains that he interrupted the Atreides communications system and took down the shield in exchange for Harkonnen releasing Yueh’s wife. Harkonnen approaches Yueh, picks him up by the hair and slits his throat with a sword. The camera is on Harkonnen rather than Yueh, so the viewer does not see the actual throat being slit. Harkonnen drops Yueh’s dead body to the floor, though it is slightly off camera.

15:15:41-15:16:24

Harkonnen leans over Leto and threatens him. Harkonnen puts a hand on his sword and activates his Holtzman shield. Leto follows the advice Yueh gave him earlier and bites down on the fake tooth Yueh gave him to release a poisonous gas. The gas goes into Harkonnen’s face who screams in pain. Other men in the room collapse and two guards standing outside the door close it so the gas does not get out of the room.

15:19:53-15:22:31

Paul and Jessica are abandoned out in the desert. Paul has a vision of watching a battle from a height. There are many soldiers in uniforms coming out of the sand and running at their equally numerous opponents. There is much running, acrobatics and slashing with swords as sand blows around them. One soldier’s mask opens and the face is revealed to be Paul with bright blue eyes. There is a close-up of a crysknife and then a pile of what appears to be bodies ablaze. Then, there is a scene of a person in a robe walking in the desert with a bloodied hand. Soldiers have their arms raised and a spaceship is above Caladan. The pile of burning bodies is shown again. Paul becomes agitated when describing this vision to his mother. There is a slow-motion shot of a sword dripping with blood. Paul gets angry at his mother for making him a Bene Gesserit.

15:30:29-15:33:55

A Sardaukar army descends on the hideout where Dr. Kynes has taken Paul, Jessica and Duncan. They approach the entrance, but Fremen soldiers jump out of the sand and fight them with swords. Duncan senses something is happening outside the door. He throws off his cape and gets ready to fight, walking towards the door. He opens the door and sees a group of soldiers fighting each other. He draws his sword and closes the door. Paul shouts Duncan’s name and runs toward him as the door slides closed. Duncan activates his Holtzman shield and runs towards the soldiers. A swordfight ensues, with Duncan successfully felling most of the soldiers. One stabs Duncan in the chest and another punches him in the face. The soldiers step over Duncan’s bleeding body while those inside scramble to save themselves from the Sardaukar. The soldiers use a laser to get through the metal door. Duncan manages to raise himself up and swordfight with the remaining soldiers. He collapses to the ground and the viewer sees his face as he dies.

15:36:23-15:37:45

Dr. Kynes has told Jessica and Paul to escape in an ornithopter. She is standing on a sand dune, watching what is likely the sign of a sandworm coming. Suddenly, she is stabbed in the back and tumbles down the dune. Three soldiers walk towards her as she grips her wound and looks at her hand. The three soldiers approach her and accuse her of betraying the emperor. She pounds on the sand. The sand moves and the soldiers and Dr. Kynes sink into it as the sandworm sucks them up.

15:38:25-15:44:36

Paul is flying himself and his mother in the ornithopter that Dr. Kynes gave them. Enemy ornithopters are following them. The enemies shoot missiles at their aircraft. Their ornithopter goes into a sand cloud and there are explosions around them. The window cracks and other pieces of the aircraft start to malfunction. Paul lets go of the controls, closes his eyes and the ornithopter starts spinning in the sandstorm.

The scene cuts to Baron Harkonnen who survived Leto’s poison breath, but is now submerged in a tank of black viscous liquid that apparently helps his healing. He tells his nephew Rabban to restart spice production and to kill all the Fremen.

The scene cuts back to Paul and Jessica in the aircraft spinning in the sandstorm. Paul retakes the controls and manages to direct it out of the sandstorm. He struggles to control it as its wings fall off and it crashes into the sand. Paul and Jessica survive and make their way out into the desert.

15:51:19-15:53:17

Paul and Jessica get chased by a sandworm. The sound of a thumper (which is a device the Fremen use to divert the sandworms) makes it stop before it eats them.

15:55:16-15:57:30

Paul and Jessica encounter a group of Fremen in the desert. They are menacing and threatening because they want to kill Paul and Jessica for the water in their bodies. Their leader Stilgar, whom Paul met earlier when his father attempted to negotiate with him, tells them to spare Paul because he can learn their ways but Jessica is too old to learn. Stilgar lunges at Jessica with a knife. She grabs his arm to fend him off. Stilgar grabs Jessica by the head and flips her over. Paul strikes Stilgar and runs to fight off the other Fremen. Jessica manages to get a hold on Stilgar with a knife to his throat. Paul finds higher ground and points a gun at the group. Stilgar tells Jessica he judged her too hastily and asks for peace. She lets him go. Stilgar says they have to get to a certain location and the fate of Paul and Jessica will be decided there. Jessica hands Stilgar back his weapon. Paul lowers his gun but then hears a voice behind him and points it at the person speaking. He is surprised to see it is the girl from his recurring dreams. Her name is Chani.

15:59:28-16:00:12

Paul has a vision of himself fighting a Fremen named Jamis with weapons called crysknives. In the vision, Paul is stabbed and falls to the ground. Jamis reaches for Paul and there is blood on Jamis’s crysknife.

16:03:01-16:05:45

Jamis challenges Paul to a fight. Chani has given him a special crysknife to use. Paul & Jamis strike each other and wave their crysknives. Paul re-sees his visions from earlier of the bloody hand and pile of burning bodies. In reality, Paul stabs Jamis and Jamis falls to the ground. Paul kneels at his side. There is blood on Paul’s knife. The other Fremen put Jamis’s body on a sheet. Paul walks away somberly as the other Fremen touch him on the shoulder.

Crave 1

Survive

April 16, 2023

9:20 am

Survive was originally a multi-episode series on a streaming service. Scenes from the series were edited together to make a feature film in 2022. Its main character is Jane, a young woman who has been institutionalized for suicide ideation. She is discharged from the facility, but plans to kill herself with a drug overdose on the airplane ride home. At the airport and on the plane, a young man named Paul tries to befriend her. Their plane crashes in the mountains and Jane and Paul are the only survivors. The plot follows them as they try to survive and make their way back to civilization.

Crave 1 broadcast the following viewer advisory in audio and video formats at the beginning of the broadcast. There were no commercial breaks during the broadcast and therefore no other opportunities to repeat the advisory:

The following program is rated PG and contains scenes with violence and mature themes. Viewer discretion is advised.

The PG classification icon appears during the viewer advisory and again at the beginning of the actual film for 18 seconds. It is not repeated at the top of the second hour.

The following scenes are the most relevant:

09:21:24-09:21:39

There is a series of quick cuts to represent Jane’s dream: a close-up of an eye with blood in it; a woman in the fetal position spinning in mid-air; a woman’s face in red light; a silhouette of a woman in blue eerie light; flashing lights; a woman standing with her eyes closed; a woman floating; a woman screaming; a woman falling and landing on the ground on her back

09:22:25

Kara: Fuck Doctor M.

09:24:14

Jane in voice-over describing the mental health facility, Lifehouse, she is staying at: “We specialize in you, the truly fucked.”

09:25:51-09:27:20

Jane is in the facility shower, shaving her legs. In voice-over and flashback, she remembers her suicide attempt. There are a series of quick cuts to illustrate her comments, including: a close-up of blood on palms of hands and a close-up of a hand holding a gun. In the present, Jane nicks her leg with the disposable razor and blood appears. The flashbacks continue: close-ups of scars; an image of Jane looking at her wrist with a scar; a finger running along a scar; a close-up of the razor with a bit of blood on it; a close-up of her leg with bloody razor nicks; a blade with blood on it; a face looking over her saying “Oh god”; blood on a levelled surface; Jane with blood dripping down her arms thumping into a piano; Jane holding a bloody hand to her face and looking upset; Jane trying to climb stairs with blood all over her; Jane lying down with blood on her hands and clothing; a woman trying to help her; paramedics wheeling her into an ambulance; Jane leaves a bloody handprint on a window. The narration that accompanies these scenes is as follows:

If I could, I’d kill myself. Right here, right now. The question isn’t why or how or when. It’s been decided. Before me. Before my father. Before his mother. We’re cursed. It’s in our blood. It’s our fate. We’re all born prisoners in our bodies and there’s only one escape from that sentence, but it’s a lot harder than you’d think. This disposable razor, for example, this is a cutter’s instrument. An attention-getter. Lots of blood, no real damage. Time, that’s your true enemy. Bleed out takes a lot longer than you’d think. See, I could create a scene like last year’s. Lots of blood, lots of drama. That was all for show. I didn’t want to go; I wanted to be saved. I wanted to be pitied, martyred, understood. Or maybe just loved. But this time, I just want to die.

09:28:05

Jane & another girl are talking about their experiences. Jane asks the girl about her cut marks and tells her that she herself tried to “off” herself last year. About her mother, Jane says, “I really fucked her up”. The girl says, “I think talking screws shit up too.”

09:32:30

Jane: I lose my shit, which is probably why I’m in here. Life is impossible to plan, so I’m constantly losing my shit.

09:35:03

Jane: I’m just useless, so fucking useless.

09:35:38

There is another flashback of a bloody hand as Jane remembers her father.

09:38:21

Jane: Shit, shit, shit.

09:41:22

Jane: Shit.

09:48:59-09:55:04

Jane is in an airplane bathroom lining up pills to take to kill herself. The plane starts shaking and the flight attendant tells her to return to her seat. Before she has a chance to do so, the plane starts rocking more, the lights flicker on & off and the red emergency floor lights go on. People start screaming. Jane cries out “Help!” from the bathroom. There is a bright light outside the window as if the plane is on fire. There is screaming and chaos as things fly around inside the plane. Jane is still trapped in the bathroom and gets thrown around inside. All the passengers scream as the plane goes down. Jane keeps screaming “Help me!” The screen goes black for a few seconds. Then Jane wakes up with a bloody gash on her temple. She lights a match to look at herself in the bathroom mirror. She manages to bust open the door which leads directly outside where it is snowing. There is fuselage, some of which is on fire, and bodies lying on the ground. There is a woman crying for help. Jane goes up to the woman. She is on her knees but holding out bloody hands to Jane. Jane says “Are you okay?” but the woman collapses in the snow and Jane sees that the woman’s neck is covered in blood. Jane goes into the plane and sees many dead passengers in their seats with wounds and blood. She screams “Help!” and then hears a man moaning. She pushes some fuselage off him and sees that it is her seatmate Paul with whom she had conversed earlier. He stands up but groans in pain.

09:55:41

Paul [in pain]: Ah shit! It’s fucking freezing.

09:59:17-10:01:26

In the morning, Jane busts down the door of the bathroom and goes outside. It is daytime. The fuselage is now covered in snow. She walks around and sees a dead body. It is the woman with the bloody hands from the previous night. She approaches it to investigate. The body is frozen and has blood on its face. Paul joins her outside.

Paul: Jesus Christ.

[...]

Paul: Cut this shit! Please! [...] We can’t cry because we’re stuck on a fucking mountain!

10:04:37-10:04:50

Paul is trying to convince Jane they need to make their way down the mountain.

Paul: Get your shit and let’s go!

[...]

Jane: Please, just stop being an asshole.

10:06:47

Jane: You’re not an asshole.

10:11:16

Paul: Shit.

Jane: What?

Paul: Shit, shit, shit!

Jane: What?

Paul: There’s no more cliff.

10:15:47

Jane: Do you just make this shit up as you go along?

Paul: Yeah, basically I do.

Jane: Oh, okay, cool. Can I make shit up too sometimes?

10:18:01-10:19:52

Jane gets caught in an avalanche. She goes flying through the air, swirling in snow. Then the screen goes white as she is buried in snow. There are close-ups of her scared face trapped under the snow as Paul frantically tries to dig her out. She tries to shout “help me” but cannot speak loudly enough.

10:23:52-10:24:26

Jane is telling Paul about what happened in her childhood. It is shown in flashback. There is the sound of a gunshot. Child Jane sits up in bed and screams. She goes to her father’s office. He is in a chair with a gun in his hand. There is a close-up of a very bloody fresh gunshot wound in his temple. Child Jane screams.

10:32:33

Paul: I was scared. I was scared. I was so fucking scared.

10:33:46

Paul: We are going to get out of this fucking cave!

10:37:52-10:39:31

Paul slips on a rock and falls. He lands on his back, but is crying out in pain and his hand is all bloody. He says he can’t feel his arm and tells Jane to get some sticks so they can set the bones together. She slices his jacket open with a pocket knife. There is a large gouge on his arm and bone peaking out. She gets sticks to stabilize it. Paul groans in pain. She uses clothing as a tourniquet and tugs on it to tighten it. Paul screams in pain.

10:42:40

Paul: Shit.

10:46:13

Jane: I think we’re pretty goddamn lucky.

10:50:05-10:51:37

Jane is attacked by a wolf. She wraps her winter jacket around her arm to fend it off. The wolf bites her arm and knocks her on her back. She screams as the dog snarls and bites her. She beats it on the head. The wolf tears the fabric of her clothing. The glass mirror shard she had in her pocket fell out. She grabs it. She and the wolf stare at each other. She stands up holding the shard. The wolf jumps on her and she stabs it with the shard. There is a struggle with much growling and snarling. Jane gets the wolf on its back and stabs it repeatedly. There is blood shown coming out of the wolf. The wolf dies. Jane stands up. Her arm is all bloody, as is the mirror shard. There is a close-up of the wolf’s dead face.

APPENDIX B

The Complaint

The CBSC received the following complaint on April 24, 2023 via its webform:

Name of Television Station: Crave 3; Crave 1

Program Name: Drive My Car; Dune; Survive

Date of Program: 30/03/2023; 02/04/2023; 16/04/2023

Time of Program: 6:00AM; 1:40PM; 9:20AM

Specific Concern:

For all the programs, the rating icon does not appear again around 1:00:00. What are the things that the viewer advisory is at least required to mention? What if it is the viewer advisory for a program airing during the 9pm–6am period?

Crave 3

Drive My Car

2023/03/30

6:00–9:05am ET

A stronger suggestive scene that can be seen appear[s] around the beginning. Breast nudity can be seen around the beginning (which is dark), around 0:29:08 (which is blurry, out of focus) when the angle changes from showing her back to the front of her face. Buttock nudity can be seen around 0:24:50, 0:25:10. Some of the stronger sexual scenes that can be seen (not involving the audio) are around 0:16:27–0:16:47, 0:24:40–0:25:36, and 0:28:47–0:30:45.

The viewer advisory does not mention these.

Is the breast nudity dark or blurry enough to not be considered nudity? Is the language around 01:18:25 and 02:17:12 strong enough to require [a] viewer advisory?

Crave 1

Dune

2023/04/02

1:40–4:20pm ET

The s-word appears at least once around 1:02:49. The Federal Communications Commission (FCC) which has the power to regulate content on over-the-air television but not on cable television in the United States says (which contains highly offensive language and can be found at

https://docs.fcc.gov/public/attachments/FCC-06-17A1.pdf for the PDF version,

https://transition.fcc.gov/eb/Orders/2006/FCC-06-17A1.html for the HTML version,

https://www.fcc.gov/document/complaints-regarding-various-television-broadcasts-between-february-2-2002 for links to the various versions):

"The 'S-Word' is a vulgar, graphic and explicit description of excrement. Its use invariably invokes a coarse excretory image."

"the 'S-Word' is a vulgar excretory term so grossly offensive to members of the public that it amounts to a nuisance"

The FCC also says (which contains highly offensive language and can be found at

https://docs.fcc.gov/public/attachments/FCC-06-166A1.pdf for the PDF version,

https://transition.fcc.gov/eb/Orders/2006/FCC-06-166A1.html for the HTML version,

https://www.fcc.gov/document/complaints-regarding-various-television-broadcasts for links to the various versions):

"during the 10:00 p.m.-6:00 a.m ‘safe harbor,’ broadcasters are permitted to air indecent and profane material. Nevertheless, with rare exceptions, they do not allow the ‘F-Word’ or the ‘S-Word’ to be broadcast during that time period.

In Canada, does the s-word require [a] viewer advisory mentioning language and the rating to be at least 14+?

Crave 1

Survive

2023/04/16

9:20–11:15am ET

The f-word and variations of it appear, the first of which can be heard around 0:02:02. The violence around 1:30:43 is stronger than the rating that appear[s] before and around the start of the program allows.

Broadcaster Response

Crave responded to the complainant on May 8:

The Canadian Broadcast Standards Council (CBSC) has forwarded us a copy of your electronic correspondence regarding the programs Drive My Car, Dune, and Survive, which aired on Crave on March 30, 2023 at 6:00am, April 2, 2023 at 1:40pm, and April 16, 2023 at 9:20am respectively for our attention and response.

Before we address your specific concern, it should be noted that in addition to our own programming policies, Crave is a member in good standing of the CBSC and adheres to all codes and guidelines.

Drive My Car is a critically acclaimed, Academy Award winning, Japanese feature film directed by Ryusuke Hamaguchi following a theatre director grieving the death of his wife. In addition to winning an Academy Award for Best International Feature Film, it was nominated for 3 other awards including Best Picture.

Dune is a critically acclaimed, Academy Award winning feature film adapted from the best-selling novel by Frank Herbert. The film is directed by Denis Villeneuve and stars Timothee Chalamet. The film was a box office success upon release and was nominated for 10 Academy Awards, ultimately winning 6.

Survive is a feature film following the 2 survivors of a plane crash who are stranded in the wilderness and are forced to work together to find their way back to safety. The film stars Sophie Turner and Corey Hawkins.

Thank you for bringing your comments to our attention. First, to address Drive My Car and Dune – the AGVOT ratings and viewer advisories we assigned align with various provincial film board ratings including Consumer Protection BC (whose ratings are also used in Ontario, Manitoba, and Saskatchewan), the Alberta Film Classification Office, and the Ministry of Culture and Communications in Quebec. In light of this, we do not believe that we misrepresented the films. However, after careful consideration, we will be changing the AGVOT on Dune to include an advisory on language with a viewer advisory that states: “The following program is rated PG and contains scenes with violence, coarse language, and mature themes. Viewer Discretion is advised.” And we will be changing the AGVOT on Drive My Car to include a nudity disclaimer, with an advisory that states “The following program is rated 14+ and contains scenes with violence, nudity, coarse language, and mature themes. Viewer Discretion is advised.”

Second, to address Survive – the strong language you referenced was not caught during our internal scheduling process wherein we endeavour to ensure such words are not broadcast during daytime hours and we apologize for this human error. Going forward, we will not air Survive before 9pm, and, when it does air, will have an advisory that states “The following program is rated 14+ and contains scenes with violence, coarse language, and mature themes. Viewer Discretion is advised.”

We sincerely apologize for any offense we may have caused and we thank you for bringing this to our attention – we take viewer feedback very seriously and appreciate you taking the time to reach out.

Additional Correspondence

The complainant filed his Ruling Request on May 22. He did not make any additional comments.